01005692
Case File No. 002/19-09-2007/ECCC/TC
E313
2.4.5. Notice of the Charges and the Conduct of the Trial in Case 002/01
45.
The Accused argue that the severance of the Closing Order was unmanageable
and that uncertainty regarding the contours of Case 002/01, division of the trial into
topical segments, uncertainty concerning the admissibility of evidence outside the
scope of Case 002/01, and uncertainty concerning future trials impaired their ability to
present an effective defence.121
46.
On 5 April 2011, the Chamber notified the parties that it would commence the
trial by hearing evidence relating to the structure of Democratic Kampuchea, the roles
of each Accused during the period prior to the establishment of Democratic
Kampuchea, the roles of each Accused in the Democratic Kampuchea government,
and the policies of Democratic Kampuchea.122 Subsequently, on 3 June 2011, the
Chamber indicated that evidence of facts falling outside the scope of Case 002/01 was
admissible if demonstrably relevant.123 Throughout the proceedings, the Chamber
admitted evidence of facts outside the scope of Case 002/01 where it was
demonstrably relevant to proof of, inter alia, the Democratic Kampuchea policies
alleged in the Closing Order, the contextual elements of crimes against humanity or
the impact of crimes on victims.124
121
NUON Chea’s Closing Submissions in Case 002/01, E295/6/3, 26 September 2013, paras 93-101;
T. 31 October 2013 (NUON Chea Defence Rebuttal), pp. 35-38; [KHIEU Samphan’s] Conclusions
finales, E295/6/4, 26 September 2013, paras 4-8, 94-101, 109; T. 25 October 2013 (KHIEU Samphan
Defence Closing Statement), pp. 2-23, 26-27, 30-32, 35-40; T. 31 October 2013 (KHIEU Samphan
Defence Rebuttal), pp. 63, 65-66; Submissions by Mr. KHIEU Samphan’s Defence regarding the
Questioning of the Accused, E288/4, 5 July 2013, paras 8, 30; Urgent Request for Clarification of the
Trial Chamber Decision of 15 August 2013 concerning Objections to the Admissibility of Written
Statements and Deferral of the Timeline for Filing Final Briefs, E299/1, 2 September 2013, paras 3336; Urgent Request by the Defence Team of Mr. KHIEU Samphan for an Immediate Stay of
Proceedings, E275/2/1/1, 1 August 2013, paras 20-68; Immediate Appeal against Second Severance
Order and Response to Co-Prosecutors’ Appeal against Same, E284/4/1, 27 May 2013, paras 12, 33;
Indications of Witnesses and Documents Germane to the Initial Phases of the First Trial, E131/1/6, 2
November 2011, para. 16; Request for Additional Witnesses & Continuation of Initial Hearing, E93/9,
5 July 2011, paras 2-11.
122
T. 5 April 2011 (Trial Management Meeting), pp. 56-57; See also, Directive in Advance of Initial
Hearing concerning Proposed Witnesses (TC), E93, 3 June 2011, p. 2; T. 27 June 2011 (Initial
Hearing), pp. 7-8.
123
Directive in Advance of Initial Hearing concerning Proposed Witnesses (TC), E93, 3 June 2011, p.
2.
124
See e.g. Decision on Objections to Documents Proposed to be Put Before the Chamber in the CoProsecutors’ Annexes A1-A5 and to Documents Cited in Paragraphs of the Closing Order Relevant to
the First Two Trial Segments of Case 002/01, E185, 9 April 2012, para. 29; Third Decision on
Objections to Documents Proposed for Admission before the Trial Chamber, E185/2, 12 August 2013,
Case 002/01, Judgement, 7 August 2014 - Public
25
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